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Re: Cesarean Refusal Results In Murder ChargeFrom: DoctorJoe@aol.comSat Mar 13 09:03:25 2004
In a message dated 3/13/04 08:06:17, eramirezt@coqui.net writes:
> Exacto - at what gestational age is that? "Traditionally," a baby was a person for legal purposes (i.e. injury and murder) when it took its first breath (hence, the strategy of the partial birth abortion - makes sure the baby is dead BEFORE the head comes out, so no breath is taken). However, depending on the system, for INHERITANCE purposes and other civil things, the baby often had various rights BEFORE birth (e.g. a woman was pregnant when her husband was killed - the baby, after it is born ALIVE, has inheritance rights to the father's property, etc.). Of course, that was all predicated on the baby's live birth - stillbirths and abortions don't inherit . . . . Then, the disparity arises: If a baby BEFORE birth can inherit property, why can't a baby BEFORE birth have rights in a tort action - e.g. assault and battery, murder? Doesn't make sense for someone to have standing in one action but not in another, simply because he wasn't born yet. Soooooo, depending on your jurisdiction, babies before birth have been getting more rights in modern law than they traditionally had. There is still lack of coordination between the various systems and jurisdictions as to what rights are available to a fetus and when they accrue. But the law is slowly giving more rights to a fetus as a legal "person" than simply a "clump of cells" that "belong" to the mother. Joe P.
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